Coulson v. Sheppard

OPINION

NYE, Chief Justice.

This is an appeal from an order denying probate of a written will not produced in court. Appellant was the proponent of the alleged lost will. At the conclusion of appellant’s case, and after appellant rested, appellee moved for judgment. The court granted the motion, finding that TEX. PROB.CODE ANN. § 85 (Vernon 1980) 1 had been satisfied as to the contents of the will and reason for non-production, but that due execution of the will was not proved. We affirm.

This case is before us on a judgment granted at the close of appellant’s case. The standard of review is the…